The defendant was taken into custody on May 14, 2011, and on the following day, was identified in a line-up by the complainant and arrested by the New York City Police Department (“NYPD”). The People filed a felony complaint on May 15, 2011, charging the defendant with the same crimes for which he was later indicted, which are specified below. On May 16, 2011, the defendant was arraigned in Criminal Court and despite a request for bail, was remanded on the People’s motion. Pursuant to CPL §180.80, the People were required within 144 hours to present evidence to a grand jury and obtain an indictment in order to avoid the defenclant’s release from custody. Based on the evidence available at that time, the People determined that the case should be presented to a grand jury. The presentation occurred on May 18, 2011; the defendant chose not to testify in the grand jury proceeding. The grand jury indicted on the same day.
The indictment (number 02526/2011) charged the defendant, Dominique Strauss-Kahn, with two counts of Criminal Sexual Act in the First Degree, in violation of Penal Law §l30.50(1); one count of Attempted Rape in the First Degree, in violation of Penal Law §§110/130.350); one count of Sexual Abuse in the First Degree, in violation of Penal Law §130.65(1); one count of Unlawful Imprisonment in the Second Degree, in violation of Penal Law §135.05; one count of Forcible Touching, in violation of Penal Law §130.52; and one count of Sexual Abuse in the Third Degree, in violation of Penal Law §130.55.
On May 19, 2011, the defendant made a second bail application, and bail was set in the amount of $1 million in cash plus a $5 million bond. The conditions of bail included the surrender of the defendant’s passport, his home confinement in New York County, and electronic monitoring at his expense. He was arraigned on the indictment on june 6, 2011, entered a plea of not guilty, and counsel filed and served a written discovery demand. The case was adjourned until july 18, 2011.
On june 30, 2011, in a letter to defense counsel, the People disclosed exculpatory information regarding the complainant pursuant to the People’s obligations under CPL §240.20, Rule 3.8 of the New York Rules of Professional Conduct, and Brady 1/. Magfland, 373 U.S. 83 (1963) and its doctrinal progeny. The case was advanced to july 1, 2011, for the purpose of a renewed bail application, at which point this Court released the defendant on his own recognizance, at the defendant’s request and with the People’s consent, on the condition that the People retain possession of the defendant’s passport and travel documents. On july 7, 2011, the case was administratively adjourned on the consent of both parties from july 18, 2011 to August 1, 2011, for the purpose of continued investigation by both sides. On july 26, 2011, the case was again adjourned to August 23, 2011.